Loading page
MORTL → State Guides → West Virginia
State Guide
What West Virginia law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.
Common questions
Someone just died in West Virginia? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed West Virginia attorney for your specific situation.
This is general information, not legal advice. West Virginia law changes. Your situation is specific. For anything that matters, talk to a licensed West Virginia attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In West Virginia, estates under $50,000 can skip full probate through a simplified process or affidavit. Cremation has no statutory waiting period. There's no West Virginia estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · West Virginia
Someone just died in West Virginia: the first 24 hours →Verified providers in West Virginia →
Last verified: August 7, 2026
Source: WV Code §16-5-19; WV DHHR; Ohio County Clerk ↗At a Glance
File within 5 days · Restricted for 50 years · Then public
In West Virginia, a death certificate must be filed with the section of vital statistics within five days after death and before final disposition. The funeral director or other person assuming custody of the body is responsible for obtaining personal data from the next of kin and providing the certificate to the physician for medical certification within 48 hours. The medical certification must be completed within 24 hours of receipt by the physician in charge of the patient's care. Once complete, the funeral director files the certificate.
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
West Virginia isn't an 'open record' state, meaning there are restrictions on who can obtain death certificates. Generally, certified copies are issued to immediate family members (parents, spouses, adult children, grandchildren, siblings, grandparents) who can provide identification linking them to the deceased. If the death occurred 50 or more years ago, identification isn't required. You can order copies from the West Virginia Vital Registration Office or the County Clerk's office in the county where the death occurred.
Order certified copies from West Virginia's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$12 per certified copy in West Virginia, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Last verified: August 9, 2026
Source: W. Va. Code § 44-1A-2 (Small Estate Act); W. Va. Code § 42-1-3 (Descent and Distribution) ↗At a Glance
Small estate threshold vs. national average
Probate is the court-supervised process of validating a will, inventorying assets, paying debts and taxes, and distributing the remaining estate. In West Virginia, a simplified small estate process is available if the total value of the decedent's personal probate assets (assets subject to probate) doesn't exceed $50,000 and the estate doesn't include real estate. If the estate exceeds these limits or includes real property, formal probate is generally required.
The probate process in West Virginia can take several months to over a year, depending on the complexity of the estate and court caseloads.
If a West Virginia resident dies without a valid will (intestate), the state's intestate succession laws determine how their assets are distributed. These laws prioritize the surviving spouse and children, then other close relatives.
To avoid probate, West Virginia residents can use various estate planning tools. These include creating a revocable living trust, which allows assets to be distributed outside of probate. Other common methods involve designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance policies) and holding property in joint tenancy with rights of survivorship, where ownership automatically passes to the surviving owner upon death.
A straightforward West Virginia probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what West Virginia law adds.
Yes. West Virginia authorizes the transfer on death deed under W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. West Virginia adopted the uniform act in 2014; the deed is revocable and must be recorded before the owner's death.
Source: W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act) ↗
West Virginia doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No employer is covered for bereavement. West Virginia's one leave statute, the Parental Leave Act, applies only to units of state government and county boards of education.
How much. None required.
Paid or unpaid. n/a
Nothing in West Virginia requires a private employer to give time off for a death. Even the Parental Leave Act, the state's only leave statute, cannot help: by its own definitions it reaches only state government units and county boards of education, and its subject is parental and family circumstances rather than a death. Private-sector workers in West Virginia are left with the federal FMLA, which does not cover bereavement, plus whatever the employer's own policy provides.
Yes. West Virginia enforces pet trusts under W. Va. Code § 44D-4-408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. West Virginia sets no year limit, so an animal that outlives you by decades stays covered. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if the trust holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise goes to whoever inherits from you. West Virginia covers an animal that was alive while you were, so a pet your family takes in after you die needs its own arrangement. The statute also turns on what the trust document itself says, so put the caretaker, the person who enforces the trust, and a backup for each in the document rather than in a letter to your family.
Last verified: July 17, 2026
Source: W. Va. Code §§ 42-1-3 to 42-1-3c ↗If you die intestate (without a valid will) in West Virginia, W. Va. Code §§ 42-1-3 to 42-1-3c decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
West Virginia is the rare state that cuts the spouse's share (to three-fifths) because the spouse: not the decedent, has children from another relationship. No dollar lump sums; every heir must survive the decedent by 120 hours (§ 42-1-3b).
What your spouse inherits depends on who else survives you. The four common family shapes:
The decedent's descendants take everything by representation.
After descendants the estate goes to the parents equally, then to the parents' descendants by representation, then half each to the paternal and maternal grandparents or their descendants; with no takers it passes to the state: real property to the State Auditor, personal property to the State Treasurer (§ 42-1-3c).
Last verified: August 7, 2026
Source: WV Code §16-30-4, §16-30-5; WV Center for End-of-Life Care ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
In West Virginia, any competent adult can execute an advance directive, which can include a living will, a medical power of attorney, or a combined form. These documents allow you to make decisions about your future medical care or appoint someone to make them for you if you become incapacitated. The document must be signed by the declarant or by another person in the declarant's presence and by the declarant's direction. Notarization isn't explicitly required by statute, but it helps prove authenticity and prevent challenges.
West Virginia offers a combined Medical Power of Attorney and Living Will form, simplifying the process of outlining your healthcare wishes and appointing an agent.
A Medical Power of Attorney (MPOA) in West Virginia is a legal document that designates an agent to make healthcare decisions on your behalf if you're unable to do so. This document becomes effective only upon your incapacity. Your agent can make decisions regarding medical treatment, surgery, medication, and other healthcare matters, following your wishes as expressed in your MPOA or living will. West Virginia law allows for a standalone MPOA or its inclusion in a combined advance directive.
West Virginia recognizes Physician Orders for Life-Sustaining Treatment (WV POST) forms. WV POST is a medical order form for individuals with serious illnesses or frailty who are considered to be at risk for a life-limiting illness or condition. It's designed to ensure that a patient's wishes regarding life-sustaining treatments are honored across healthcare settings. Unlike an advance directive, which is for future care, a POST form is a physician's order that's immediately actionable and travels with the patient. It covers specific medical interventions like CPR, mechanical ventilation, and artificial nutrition.
Start with WV Code §16-30-4, §16-30-5; WV Center for End-of-Life Care, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
West Virginia requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: W. Va. Code §§ 30-6-21, 16-5-23; WV Board of Funeral Service Examiners ↗At a Glance
In West Virginia, a crematory must obtain written permission from authorized individuals (typically the next of kin or legal representative) before cremating a human body. Also, if the death falls under the jurisdiction of the Medical Examiner, authorization for cremation must be obtained from the state Medical Examiner, county medical examiner, or county coroner. There's no statutory waiting period specified in West Virginia law before cremation can occur, beyond the time needed to complete the death certificate and obtain necessary authorizations.
West Virginia law permits green burial, which involves the disposition of human remains without embalming fluids, vaults, liners, or other non-biodegradable materials, allowing the body to return to the soil naturally. While green burial is legal, it's largely unregulated by specific state statutes, meaning practices can vary by cemetery. Human composting and alkaline hydrolysis (water cremation) aren't explicitly addressed in West Virginia statutes, and home burial is generally allowed as long as it complies with local zoning and health regulations.
Funeral homes in West Virginia are licensed and regulated by the West Virginia Board of Funeral Service Examiners. They must adhere to state laws regarding professional conduct, facility requirements, and consumer protection. All funeral homes are also subject to the Federal Trade Commission's (FTC) Funeral Rule, which requires them to provide itemized price lists to consumers, allowing for transparency and comparison shopping. This rule ensures consumers receive clear pricing information before making purchasing decisions.
West Virginia sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. W. Va. Code § 30-6-22a(b)(1)(B): a notarized affidavit in substantially the statutory form: 'I, ________, do hereby designate ___________ with the right to control the disposition of my remains upon my death. I ___ have/ ____ have not attached specific directions concerning the disposition of my remains with which the designee shall substantially comply, provided that these directions are lawful and there are sufficient resources in my estate to carry out the directions.' It is a standalone notarized form, not the advance directive, though § 30-6-22 also directs inquiry into wishes expressed in a last will and testament, an advance directive, or a preneed funeral contract as defined in § 47-14-2. § 30-6-22(a) bars anyone from being designated in that capacity for more than one nonrelative at a time. § 30-6-22(b) separately recognizes a DD Form 93 for a service member.
When the same tier disagrees. W. Va. Code § 30-6-22a(d): where more than one person in a class holds equal priority and the funeral home has no knowledge of an objection from other members of that class, the funeral home may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements, unless another person in that class provides written objections to the funeral home. The section writes in no court petition procedure for same-tier deadlock.
Under § 30-6-22a(c) the right is forfeited and passes to the next qualifying person if the holder is charged with murder or voluntary manslaughter connected to the death and the charges are known to the funeral director (restored on dismissal or acquittal), if the holder does not exercise the right within two days of notification of the death or three days of the death, whichever is earlier, or if the holder is a spouse and a petition to dissolve the marriage was pending at death. Anyone signing a funeral service agreement or cremation authorization warrants the truth of the facts in it, including their own authority to order the disposition.
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. Direct cremation or direct burial expenses for indigent persons, W. Va. Code § 9-5-9. The Department of Health manages the payments and determines financial eligibility, per the statute. I could not load a program page on the agency's own site: dhhr.wv.gov paths return 404 and dohs.wv.gov carries no burial links.
What it pays. 'not to exceed the actual cost of the direct cremation or direct burial service provided, or $1,000 whichever is less'
What disqualifies you. The department checks whether the estate or the legally responsible relatives have the means to pay. Liability runs in order: spouse, then children, then parents, then siblings, each only if financially able. Applicants file affidavits with income documentation per department guidelines.
2. If the death was caused by a crime. 'A total charge not in excess of $10,000 for expenses in any way related to funerals, cremations, and burials' (W. Va. Code § 14-2A-3). The aggregate caps in § 14-2A-14 are $35,000 for injury claims and $50,000 in the aggregate for death claims. The fund is the West Virginia Crime Victims Compensation Fund, administered through the Legislature's Claims Commission.
West Virginia crime victim compensation ↗
3. Money the person was already owed. Search West Virginia's unclaimed property before you borrow anything. Searching and claiming are free.
West Virginia unclaimed property ↗
The family doesn't have to be the one who applies. The statute lets heirs-at-law, county coroners, health officers, attending physicians, whoever signed the death certificate, or the state medical examiner file, and the funeral home itself can apply if no family member takes part. The statute sets no deadline.
Last verified: July 16, 2026
Source: W. Va. Code ch. 11, art. 11 (Estate Taxes) ↗At a Glance
West Virginia doesn't impose a state estate tax. This means that your estate won't be subject to a separate state-level tax on its value upon your death. However, residents of West Virginia may still be subject to the federal estate tax if their estate's value exceeds the federal exemption threshold.
West Virginia has no state estate tax, but the federal estate tax can still apply to larger estates. Plan accordingly.
West Virginia doesn't levy an inheritance tax. An inheritance tax is typically paid by the beneficiaries who receive assets from an estate. Since West Virginia doesn't have this tax, beneficiaries inheriting property from a West Virginia resident won't owe state-level inheritance tax.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
No. West Virginia has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
No. West Virginia doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 8, 2026
Source: WV Code §16-19-8; Donate Life West Virginia; OrganDonor.gov ↗At a Glance
In West Virginia, you can register to be an organ, eye, and tissue donor through several convenient methods. The most common way is when applying for or renewing your driver's license or state ID at the Department of Motor Vehicles (DMV). You can also register online through the Donate Life West Virginia registry. Making your wishes known through these official channels ensures your decision is legally documented.
In West Virginia, a registered organ donor decision is legally binding under the Uniform Anatomical Gift Act. Nobody else can make, amend, or revoke your gift after your death (WV Code §16-19-8). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (WV Code §16-19-8(f)). In practice, organ procurement organizations still consult families out of respect and to provide support, so make your wishes known to your family in advance to prevent misunderstandings during a difficult time.
Source: WV Code §16-19-8 (Preclusive effect of anatomical gift, amendment, or revocation) ↗
Need Help in West Virginia?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in West Virginia →From The MORTL Edit
Sources: West Virginia Code Chapters 16, 30, 42, 44 (code.wvlegislature.gov); West Virginia Department of Health and Human Resources; West Virginia Center for End-of-Life Care (wvendoflife.org). Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
Common questions
Planning tools
The Death Dispatch
This guide is correct today. Statutes move, thresholds shift, and a figure on this page can change with one legislative session. Subscribe and we'll flag the West Virginia changes that matter. No noise, no euphemisms.